Footware system

ABSTRACT

A device and method is provided for an insert and shoe systems that includes systems where a custom insert attaches to a high heel shoe comprising a material having various densities arranged in an aesthetically pleasing manner providing support to multiple areas of the foot. The insert and shoe may include an auxiliary support area covered by a thin material and located around the back heel portion and above the toe area.

CROSS-REFERENCE TO RELATED APPLICATIONS

The present Utility patent application claims priority benefit of theU.S. provisional application for patent Ser. No. 62/361,442 entitled“Specialized Women's Shoe Insert”, filed on Jul. 12, 2016 andprovisional application for patent Ser. No. 62/361,445 entitled“Specialized Women's Shoe Insert, System” filed on Jul. 12, 2016 under35 U.S.C. 119(e). The contents of these related provisional applicationsare incorporated herein by reference for all purposes to the extent thatsuch subject matter is not inconsistent herewith or limiting hereof.

RELATED CO-PENDING U.S. PATENT APPLICATIONS

Not applicable.

INCORPORATION BY REFERENCE OF SEQUENCE LISTING PROVIDED AS A TEXT FILE

Not applicable

FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT

Not applicable.

REFERENCE TO SEQUENCE LISTING, A TABLE, OR A COMPUTER LISTING APPENDIX

Not applicable.

COPYRIGHT NOTICE

A portion of the disclosure of this patent document contains materialthat is subject to copyright protection by the author thereof. Thecopyright owner has no objection to the facsimile reproduction by anyoneof the patent document or patent disclosure for the purposes ofreferencing as patent prior art, as it appears in the Patent andTrademark Office, patent file or records, but otherwise reserves allcopyright rights whatsoever.

BACKGROUND OF THE RELEVANT PRIOR ART

One or more embodiments of the invention generally relate to footwear.More particularly, certain embodiments of the invention relate to afootwear system that may provide a shoe comprising a specialized insertand upper support areas arranged at specific positions in the shoe.

The following background information may present examples of specificaspects of the prior art (e.g., without limitation, approaches, facts,or common wisdom) that, while expected to be helpful to further educatethe reader as to additional aspects of the prior art, is not to beconstrued as limiting the present invention, or any embodiments thereof,to anything stated or implied therein or inferred thereupon. It isbelieved that it may be difficult in the retail space to find acomfortable off-the-shelf or custom-fit shoe made of qualityconstruction that remains stylish and desirable aesthetically. Forexample, orthopedic shoes may provide support yet are typically notstylish or attractive, while stylish shoes are often uncomfortable andless advanced in providing support. Additionally, the mass productionprocess typically creates shoes that are exactly the same size for eachfoot although the left and right feet of many people may not besymmetrical. One may expect that due to the desire to keep costs low inthe production process, many mass produced shoes may not include comfortmodifications.

By way of educational background, an aspect of the prior art generallyuseful to be aware of is that there are some currently availableproducts that may enable users to add comfort modifications to shoes.Some such products may include inserts, insoles, pads, cushions, archsupports, heel cups, etc. It is believed that some current products mayprovide support to the medial and/or the lateral arch of the foot yettypically do not provide support for the transverse arch, also known asthe vault of the foot, or the ball of the foot formed by the heads ofthe metatarsal bones. In addition, currently available orthopedic shoeinserts that may offer lateral, medial and transverse arch supportsalong with heel cups for stability typically cannot fit into high heelshoes.

In view of the foregoing, it is clear that these traditional techniquesare not perfect and leave room for more optimal approaches.

BRIEF DESCRIPTION OF THE DRAWINGS

The present invention is illustrated by way of example, and not by wayof limitation, in the figures of the accompanying drawings and in whichlike reference numerals refer to similar elements and in which:

FIG. 1 is a diagrammatic top view of an exemplary pattern piece for anupper cushion system, in accordance with an embodiment of the presentinvention;

FIGS. 2A, 2B, and 2C illustrate an exemplary shoe insert comprising oneor more materials of different densities arranged to provide support andcomfort to specific areas of the foot, in accordance with an embodimentof the present invention. FIG. 2A is a diagrammatic top view. FIG. 2B isa side perspective view, and FIG. 2C is a diagrammatic top view of theinsert in place in a shoe;

FIG. 3 is a diagrammatic top view of an exemplary shoe insert comprisingone or more materials of different densities, in accordance with anembodiment of the present invention;

FIG. 4 is a perspective side view of an exemplary shoe insert comprisingone or more materials of different densities, in accordance with anembodiment of the present invention;

FIGS. 5A, 5B, 5C, 5D, and 5E illustrate exemplary layers of material ofdifferent densities that may be layered together to form a shoe insert,in accordance with an embodiment of the present invention. FIG. 5A is adiagrammatic top view of a base layer. FIG. 5B is a diagrammatic topview of a second layer. FIG. 5C is a diagrammatic top view of a mediallayer. FIG. 5D is a multi-piece layer forming the highly cushioned areasof support under the ball and arches of the foot, and FIG. 5E is anadditional layer of cushioning for the medial arch region;

FIGS. 6A, 6B, and 6C illustrate an exemplary shoe insert comprising oneor more materials of different densities arranged to provide support andcomfort to specific areas of the foot, in accordance with an embodimentof the present invention. FIG. 6A is a diagrammatic top view. FIG. 6B isa side perspective view, and FIG. 6C is a diagrammatic top view of theinsert in place in a shoe;

FIGS. 7A and 7B illustrate an exemplary shoe insert comprising one ormore materials of different densities arranged to provide support andcomfort to specific areas of the foot, in accordance with an embodimentof the present invention. FIG. 7A is a diagrammatic top view of theinsert, and FIG. 7B is a partially transparent, perspective side view ofthe insert in place in a high heel shoe;

FIGS. 8A and 8B illustrate an exemplary high heel shoe comprisingvarious comfort and support modifications, in accordance with anembodiment of the present invention. FIG. 8A is an exploded, perspectiveside view of the shoe, an insert comprising one or more materials ofdifferent densities arranged to provide support and comfort to specificareas of the foot, and an upper cushion system, and FIG. 8B is apartially transparent, perspective side view of the high heel shoe;

FIG. 9 is an exploded, perspective side view of an exemplary high heelshoe with comfort modifications, an insert comprising one or morematerials of different densities arranged to provide support and comfortto specific areas of the foot, and an upper cushion system, inaccordance with an embodiment of the present invention;

FIGS. 10A, 10B, and 10C illustrate an exemplary shoe insert comprisingone or more materials of different densities arranged to provide supportand comfort to specific areas of the foot, in accordance with anembodiment of the present invention. FIG. 10A is a diagrammatic sideview of the insert. FIG. 10B is an exploded, perspective side view ofthe insert to be placed within a high heel shoe, and FIG. 10C is apartially transparent, perspective side view of the insert in place inthe high heel shoe;

FIGS. 11A and 11B illustrate an exemplary footwear system comprising ashoe and a specialized insert, in accordance with an embodiment of thepresent invention. FIG. 11A is a diagrammatic top view of the insert,and FIG. 11B is a partially transparent, perspective side view of thefootwear system;

FIGS. 12A and 12B illustrate an exemplary footwear system comprising ashoe, a specialized insert, and upper support areas arranged at specificpositions in the shoe, in accordance with an embodiment of the presentinvention. FIG. 12A is an exploded, perspective side view of thefootwear system, and FIG. 12B is a partially transparent, perspectiveside view of the footwear system;

FIG. 13 is an exploded, perspective side view of an exemplary footwearsystem comprising a shoe, a specialized insert, and upper support areasarranged at specific positions in the shoe, in accordance with anembodiment of the present invention;

FIG. 14 is a diagrammatic top view of an exemplary pattern piece forcomfort modification pieces that may form upper support areas in a shoe,in accordance with an embodiment of the present invention; and

FIGS. 15A, 15B, and 15C illustrate an exemplary footwear systemcomprising a shoe and a specialized insert, in accordance with anembodiment of the present invention. FIG. 15A is a diagrammatic sideview of the insert. FIG. 15B is an exploded, perspective side view ofthe footwear system, and FIG. 15C is a partially transparent,perspective side view of the footwear system.

Unless otherwise indicated illustrations in the figures are notnecessarily drawn to scale.

DETAILED DESCRIPTION OF SOME EMBODIMENTS

The present invention is best understood by reference to the detailedfigures and description set forth herein.

Embodiments of the invention are discussed below with reference to theFigures. However, those skilled in the art will readily appreciate thatthe detailed description given herein with respect to these figures isfor explanatory purposes as the invention extends beyond these limitedembodiments. For example, it should be appreciated that those skilled inthe art will, in light of the teachings of the present invention,recognize a multiplicity of alternate and suitable approaches, dependingupon the needs of the particular application, to implement thefunctionality of any given detail described herein, beyond theparticular implementation choices in the following embodiments describedand shown. That is, there are modifications and variations of theinvention that are too numerous to be listed but that all fit within thescope of the invention. Also, singular words should be read as pluraland vice versa and masculine as feminine and vice versa, whereappropriate, and alternative embodiments do not necessarily imply thatthe two are mutually exclusive.

It is to be further understood that the present invention is not limitedto the particular methodology, compounds, materials, manufacturingtechniques, uses, and applications, described herein, as these may vary.It is also to be understood that the terminology used herein is used forthe purpose of describing particular embodiments only, and is notintended to limit the scope of the present invention. It must be notedthat as used herein and in the appended claims, the singular forms “a,”“an,” and “the” include the plural reference unless the context clearlydictates otherwise. Thus, for example, a reference to “an element” is areference to one or more elements and includes equivalents thereof knownto those skilled in the art. Similarly, for another example, a referenceto “a step” or “a means” is a reference to one or more steps or meansand may include sub-steps and subservient means. All conjunctions usedare to be understood in the most inclusive sense possible. Thus, theword “or” should be understood as having the definition of a logical“or” rather than that of a logical “exclusive or” unless the contextclearly necessitates otherwise. Structures described herein are to beunderstood also to refer to functional equivalents of such structures.Language that may be construed to express approximation should be sounderstood unless the context clearly dictates otherwise.

All words of approximation as used in the present disclosure and claimsshould be construed to mean “approximate,” rather than “perfect,” andmay accordingly be employed as a meaningful modifier to any other word,specified parameter, quantity, quality, or concept. Words ofapproximation, include, yet are not limited to terms such as“substantial”, “nearly”, “almost”, “about”, “generally”, “largely”,“essentially”, “closely approximate”, etc.

As will be established in some detail below, it is well settle law, asearly as 1939, that words of approximation are not indefinite in theclaims even when such limits are not defined or specified in thespecification.

For example, see Ex parte Mallory, 52 USPQ 297, 297 (Pat. Off. Bd. App.1941) where the court said “The examiner has held that most of theclaims are inaccurate because apparently the laminar film will not beentirely eliminated. The claims specify that the film is “substantially”eliminated and for the intended purpose, it is believed that the slightportion of the film which may remain is negligible. We are of the view,therefore, that the claims may be regarded as sufficiently accurate.”

Note that claims need only “reasonably apprise those skilled in the art”as to their scope to satisfy the definiteness requirement. See EnergyAbsorption Sys., Inc. v. Roadway Safety Servs., Inc., Civ. App. 96-1264,slip op. at 10 (Fed. Cir. Jul. 3, 1997) (unpublished) Hybridtech v.Monoclonal Antibodies, Inc., 802 F.2d 1367, 1385, 231 USPQ 81, 94 (Fed.Cir. 1986), cert. denied, 480 U.S. 947 (1987). In addition, the use ofmodifiers in the claim, like “generally” and “substantial,” does not byitself render the claims indefinite. See Seattle Box Co. v. IndustrialCrating & Packing, Inc., 731 F.2d 818, 828-29, 221 USPQ 568, 575-76(Fed. Cir. 1984).

Moreover, the ordinary and customary meaning of terms like“substantially” includes “reasonably close to: nearly, almost, about”,connoting a term of approximation. See In re Frye, Appeal No.2009-006013, 94 USPQ2d 1072, 1077, 2010 WL 889747 (B.P.A.I. 2010)Depending on its usage, the word “substantially” can denote eitherlanguage of approximation or language of magnitude. Deering PrecisionInstruments, L.L.C. v. Vector Distribution Sys., Inc., 347 F.3d 1314,1323 (Fed. Cir. 2003) (recognizing the “dual ordinary meaning of th[e]term [”substantially“] as connoting a term of approximation or a term ofmagnitude”). Here, when referring to the “substantially halfway”limitation, the Specification uses the word “approximately” as asubstitute for the word “substantially” (Fact 4). (Fact 4). The ordinarymeaning of “substantially halfway” is thus reasonably close to or nearlyat the midpoint between the forwardmost point of the upper or outsoleand the rearwardmost point of the upper or outsole.

Similarly, the term ‘substantially’ is well recognized in case law tohave the dual ordinary meaning of connoting a term of approximation or aterm of magnitude. See Dana Corp. v. American Axle & Manufacturing,Inc., Civ. App. 04-1116, 2004 U.S. App. LEXIS 18265, *13-14 (Fed. Cir.Aug. 27, 2004) (unpublished). The term “substantially” is commonly usedby claim drafters to indicate approximation. See Cordis Corp. v.Medtronic AVE Inc., 339 F.3d 1352, 1360 (Fed. Cir. 2003) (“The patentsdo not set out any numerical standard by which to determine whether thethickness of the wall surface is ‘substantially uniform.’ The term‘substantially,’ as used in this context, denotes approximation. Thus,the walls must be of largely or approximately uniform thickness.”); seealso Deering Precision Instruments, LLC v. Vector Distribution Sys.,Inc., 347 F.3d 1314, 1322 (Fed. Cir. 2003); Epcon Gas Sys., Inc. v.Bauer Compressors, Inc., 279 F.3d 1022, 1031 (Fed. Cir. 2002). We findthat the term “substantially” was used in just such a manner in theclaims of the patents-in-suit: “substantially uniform wall thickness”denotes a wall thickness with approximate uniformity.

It should also be noted that such words of approximation as contemplatedin the foregoing clearly limits the scope of claims such as saying‘generally parallel’ such that the adverb ‘generally’ does not broadenthe meaning of parallel. Accordingly, it is well settled that such wordsof approximation as contemplated in the foregoing (e.g., like the phrase‘generally parallel’) envisions some amount of deviation from perfection(e.g., not exactly parallel), and that such words of approximation ascontemplated in the foregoing are descriptive terms commonly used inpatent claims to avoid a strict numerical boundary to the specifiedparameter. To the extent that the plain language of the claims relyingon such words of approximation as contemplated in the foregoing areclear and uncontradicted by anything in the written description hereinor the figures thereof, it is improper to rely upon the present writtendescription, the figures, or the prosecution history to add limitationsto any of the claim of the present invention with respect to such wordsof approximation as contemplated in the foregoing. That is, under suchcircumstances, relying on the written description and prosecutionhistory to reject the ordinary and customary meanings of the wordsthemselves is impermissible. See, for example, Liquid Dynamics Corp. v.Vaughan Co., 355 F.3d 1361, 69 USPQ2d 1595, 1600-01 (Fed. Cir. 2004).The plain language of phrase 2 requires a “substantial helical flow.”The term “substantial” is a meaningful modifier implying “approximate,”rather than “perfect.” In Cordis Corp. v. Medtronic AVE, Inc., 339 F.3d1352, 1361 (Fed. Cir. 2003), the district court imposed a precisenumeric constraint on the term “substantially uniform thickness.” Wenoted that the proper interpretation of this term was “of largely orapproximately uniform thickness” unless something in the prosecutionhistory imposed the “clear and unmistakable disclaimer” needed fornarrowing beyond this simple-language interpretation. Id. In Anchor WallSystems v. Rockwood Retaining Walls, Inc., 340 F.3d 1298, 1311 (Fed.Cir. 2003)” Id. at 1311. Similarly, the plain language of claim 1requires neither a perfectly helical flow nor a flow that returnsprecisely to the center after one rotation (a limitation that arisesonly as a logical consequence of requiring a perfectly helical flow).

The reader should appreciate that case law generally recognizes a dualordinary meaning of such words of approximation, as contemplated in theforegoing, as connoting a term of approximation or a term of magnitude;e.g., see Deering Precision Instruments, L.L.C. v. Vector Distrib. Sys.,Inc., 347 F.3d 1314, 68 USPQ2d 1716, 1721 (Fed. Cir. 2003), cert.denied, 124 S. Ct. 1426 (2004) where the court was asked to construe themeaning of the term “substantially” in a patent claim. Also see Epcon,279 F.3d at 1031 (“The phrase ‘substantially constant’ denotes languageof approximation, while the phrase ‘substantially below’ signifieslanguage of magnitude, i.e., not insubstantial.”). Also, see, e.g.,Epcon Gas Sys., Inc. v. Bauer Compressors, Inc., 279 F.3d 1022 (Fed.Cir. 2002) (construing the terms “substantially constant” and“substantially below”); Zodiac Pool Care, Inc. v. Hoffinger Indus.,Inc., 206 F.3d 1408 (Fed. Cir. 2000) (construing the term “substantiallyinward”); York Prods., Inc. v. Cent. Tractor Farm & Family Ctr., 99 F.3d1568 (Fed. Cir. 1996) (construing the term “substantially the entireheight thereof”); Tex. Instruments Inc. v. Cypress Semiconductor Corp.,90 F.3d 1558 (Fed. Cir. 1996) (construing the term “substantially in thecommon plane”). In conducting their analysis, the court instructed tobegin with the ordinary meaning of the claim terms to one of ordinaryskill in the art. Prima Tek, 318 F.3d at 1148. Reference to dictionariesand our cases indicates that the term “substantially” has numerousordinary meanings. As the district court stated, “substantially” canmean “significantly” or “considerably.” The term “substantially” canalso mean “largely” or “essentially.” Webster's New 20th CenturyDictionary 1817 (1983).

Words of approximation, as contemplated in the foregoing, may also beused in phrases establishing approximate ranges or limits, where the endpoints are inclusive and approximate, not perfect; e.g., see AK SteelCorp. v. Sollac, 344 F.3d 1234, 68 USPQ2d 1280, 1285 (Fed. Cir. 2003)where it where the court said [W]e conclude that the ordinary meaning ofthe phrase “up to about 10%” includes the “about 10%” endpoint. Aspointed out by AK Steel, when an object of the preposition “up to” isnonnumeric, the most natural meaning is to exclude the object (e.g.,painting the wall up to the door). On the other hand, as pointed out bySollac, when the object is a numerical limit, the normal meaning is toinclude that upper numerical limit (e.g., counting up to ten, seatingcapacity for up to seven passengers). Because we have here a numericallimit—“about 10%”—the ordinary meaning is that that endpoint isincluded.

In the present specification and claims, a goal of employment of suchwords of approximation, as contemplated in the foregoing, is to avoid astrict numerical boundary to the modified specified parameter, assanctioned by Pall Corp. v. Micron Separations, Inc., 66 F.3d 1211,1217, 36 USPQ2d 1225, 1229 (Fed. Cir. 1995) where it states “It is wellestablished that when the term “substantially” serves reasonably todescribe the subject matter so that its scope would be understood bypersons in the field of the invention, and to distinguish the claimedsubject matter from the prior art, it is not indefinite.” Likewise seeVerve LLC v. Crane Cams Inc., 311 F.3d 1116, 65 USPQ2d 1051, 1054 (Fed.Cir. 2002). Expressions such as “substantially” are used in patentdocuments when warranted by the nature of the invention, in order toaccommodate the minor variations that may be appropriate to secure theinvention. Such usage may well satisfy the charge to “particularly pointout and distinctly claim” the invention, 35 U.S.C. § 112, and indeed maybe necessary in order to provide the inventor with the benefit of hisinvention. In Andrew Corp. v. Gabriel Elecs. Inc., 847 F.2d 819, 821-22,6 USPQ2d 2010, 2013 (Fed. Cir. 1988) the court explained that usagessuch as “substantially equal” and “closely approximate” may serve todescribe the invention with precision appropriate to the technology andwithout intruding on the prior art. The court again explained in EcolabInc. v. Envirochem, Inc., 264 F.3d 1358, 1367, 60 USPQ2d 1173, 1179(Fed. Cir. 2001) that “like the term ‘about,’ the term ‘substantially’is a descriptive term commonly used in patent claims to avoid a strictnumerical boundary to the specified parameter,” see Ecolab Inc. v.Envirochem Inc., 264 F.3d 1358, 60 USPQ2d 1173, 1179 (Fed. Cir. 2001)where the court found that the use of the term “substantially” to modifythe term “uniform” does not render this phrase so unclear such thatthere is no means by which to ascertain the claim scope.

Similarly, other courts have noted that like the term “about,” the term“substantially” is a descriptive term commonly used in patent claims to“avoid a strict numerical boundary to the specified parameter.”; e.g.,see Pall Corp. v. Micron Seps., 66 F.3d 1211, 1217, 36 USPQ2d 1225, 1229(Fed. Cir. 1995); see, e.g., Andrew Corp. v. Gabriel Elecs. Inc., 847F.2d 819, 821-22, 6 USPQ2d 2010, 2013 (Fed. Cir. 1988) (noting thatterms such as “approach each other,” “close to,” “substantially equal,”and “closely approximate” are ubiquitously used in patent claims andthat such usages, when serving reasonably to describe the claimedsubject matter to those of skill in the field of the invention, and todistinguish the claimed subject matter from the prior art, have beenaccepted in patent examination and upheld by the courts). In this case,“substantially” avoids the strict 100% nonuniformity boundary.

Indeed, the foregoing sanctioning of such words of approximation, ascontemplated in the foregoing, has been established as early as 1939,see Ex parte Mallory, 52 USPQ 297, 297 (Pat. Off. Bd. App. 1941) where,for example, the court said “the claims specify that the film is“substantially” eliminated and for the intended purpose, it is believedthat the slight portion of the film which may remain is negligible. Weare of the view, therefore, that the claims may be regarded assufficiently accurate.” Similarly, In re Hutchison, 104 F.2d 829, 42USPQ 90, 93 (C.C.P.A. 1939) the court said “It is realized that“substantial distance” is a relative and somewhat indefinite term, orphrase, but terms and phrases of this character are not uncommon inpatents in cases where, according to the art involved, the meaning canbe determined with reasonable clearness.”

Hence, for at least the forgoing reason, Applicants submit that it isimproper for any examiner to hold as indefinite any claims of thepresent patent that employ any words of approximation.

Unless defined otherwise, all technical and scientific terms used hereinhave the same meanings as commonly understood by one of ordinary skillin the art to which this invention belongs. Preferred methods,techniques, devices, and materials are described, although any methods,techniques, devices, or materials similar or equivalent to thosedescribed herein may be used in the practice or testing of the presentinvention. Structures described herein are to be understood also torefer to functional equivalents of such structures. The presentinvention will be described in detail below with reference toembodiments thereof as illustrated in the accompanying drawings.

References to a “device,” an “apparatus,” a “system,” etc., in thepreamble of a claim should be construed broadly to mean “any structuremeeting the claim terms” exempt for any specific structure(s)/type(s)that has/(have) been explicitly disavowed or excluded oradmitted/implied as prior art in the present specification or incapableof enabling an object/aspect/goal of the invention. Furthermore, wherethe present specification discloses an object, aspect, function, goal,result, or advantage of the invention that a specific prior artstructure and/or method step is similarly capable of performing yet in avery different way, the present invention disclosure is intended to andshall also implicitly include and cover additional correspondingalternative embodiments that are otherwise identical to that explicitlydisclosed except that they exclude such prior art structure(s)/step(s),and shall accordingly be deemed as providing sufficient disclosure tosupport a corresponding negative limitation in a claim claiming suchalternative embodiment(s), which exclude such very different prior artstructure(s)/step(s) way(s).

From reading the present disclosure, other variations and modificationswill be apparent to persons skilled in the art. Such variations andmodifications may involve equivalent and other features which arealready known in the art, and which may be used instead of or inaddition to features already described herein.

Although Claims have been formulated in this Application to particularcombinations of features, it should be understood that the scope of thedisclosure of the present invention also includes any novel feature orany novel combination of features disclosed herein either explicitly orimplicitly or any generalization thereof, whether or not it relates tothe same invention as presently claimed in any Claim and whether or notit mitigates any or all of the same technical problems as does thepresent invention.

Features which are described in the context of separate embodiments mayalso be provided in combination in a single embodiment. Conversely,various features which are, for brevity, described in the context of asingle embodiment, may also be provided separately or in any suitablesubcombination. The Applicants hereby give notice that new Claims may beformulated to such features and/or combinations of such features duringthe prosecution of the present Application or of any further Applicationderived therefrom.

References to “one embodiment,” “an embodiment,” “example embodiment,”“various embodiments,” “some embodiments,” “embodiments of theinvention,” etc., may indicate that the embodiment(s) of the inventionso described may include a particular feature, structure, orcharacteristic, but not every possible embodiment of the inventionnecessarily includes the particular feature, structure, orcharacteristic. Further, repeated use of the phrase “in one embodiment,”or “in an exemplary embodiment,” “an embodiment,” do not necessarilyrefer to the same embodiment, although they may. Moreover, any use ofphrases like “embodiments” in connection with “the invention” are nevermeant to characterize that all embodiments of the invention must includethe particular feature, structure, or characteristic, and should insteadbe understood to mean “at least some embodiments of the invention”includes the stated particular feature, structure, or characteristic.

References to “user”, or any similar term, as used herein, may mean ahuman or non-human user thereof. Moreover, “user”, or any similar term,as used herein, unless expressly stipulated otherwise, is contemplatedto mean users at any stage of the usage process, to include, withoutlimitation, direct user(s), intermediate user(s), indirect user(s), andend user(s). The meaning of “user”, or any similar term, as used herein,should not be otherwise inferred or induced by any pattern(s) ofdescription, embodiments, examples, or referenced prior-art that may (ormay not) be provided in the present patent.

References to “end user”, or any similar term, as used herein, isgenerally intended to mean late stage user(s) as opposed to early stageuser(s). Hence, it is contemplated that there may be a multiplicity ofdifferent types of “end user” near the end stage of the usage process.Where applicable, especially with respect to distribution channels ofembodiments of the invention comprising consumed retailproducts/services thereof (as opposed to sellers/vendors or OriginalEquipment Manufacturers), examples of an “end user” may include, withoutlimitation, a “consumer”, “buyer”, “customer”, “purchaser”, “shopper”,“enjoyer”, “viewer”, or individual person or non-human thing benefitingin any way, directly or indirectly, from use of, or interaction with,some aspect of the present invention.

In some situations, some embodiments of the present invention mayprovide beneficial usage to more than one stage or type of usage in theforegoing usage process. In such cases where multiple embodimentstargeting various stages of the usage process are described, referencesto “end user”, or any similar term, as used therein, are generallyintended to not include the user that is the furthest removed, in theforegoing usage process, from the final user therein of an embodiment ofthe present invention.

Where applicable, especially with respect to retail distributionchannels of embodiments of the invention, intermediate user(s) mayinclude, without limitation, any individual person or non-human thingbenefiting in any way, directly or indirectly, from use of, orinteraction with, some aspect of the present invention with respect toselling, vending, Original Equipment Manufacturing, marketing,merchandising, distributing, service providing, and the like thereof.

References to “person”, “individual”, “human”, “a party”, “animal”,“creature”, or any similar term, as used herein, even if the context orparticular embodiment implies living user, maker, or participant, itshould be understood that such characterizations are sole by way ofexample, and not limitation, in that it is contemplated that any suchusage, making, or participation by a living entity in connection withmaking, using, and/or participating, in any way, with embodiments of thepresent invention may be substituted by such similar performed by asuitably configured non-living entity, to include, without limitation,automated machines, robots, humanoids, computational systems,information processing systems, artificially intelligent systems, andthe like. It is further contemplated that those skilled in the art willreadily recognize the practical situations where such living makers,users, and/or participants with embodiments of the present invention maybe in whole, or in part, replaced with such non-living makers, users,and/or participants with embodiments of the present invention. Likewise,when those skilled in the art identify such practical situations wheresuch living makers, users, and/or participants with embodiments of thepresent invention may be in whole, or in part, replaced with suchnon-living makers, it will be readily apparent in light of the teachingsof the present invention how to adapt the described embodiments to besuitable for such non-living makers, users, and/or participants withembodiments of the present invention. Thus, the invention is thus toalso cover all such modifications, equivalents, and alternatives fallingwithin the spirit and scope of such adaptations and modifications, atleast in part, for such non-living entities.

Headings provided herein are for convenience and are not to be taken aslimiting the disclosure in any way.

The enumerated listing of items does not imply that any or all of theitems are mutually exclusive, unless expressly specified otherwise.

It is understood that the use of specific component, device and/orparameter names are for example only and not meant to imply anylimitations on the invention. The invention may thus be implemented withdifferent nomenclature/terminology utilized to describe themechanisms/units/structures/components/devices/parameters herein,without limitation. Each term utilized herein is to be given itsbroadest interpretation given the context in which that term isutilized.

Terminology. The following paragraphs provide definitions and/or contextfor terms found in this disclosure (including the appended claims):

“Comprising.” This term is open-ended. As used in the appended claims,this term does not foreclose additional structure or steps. Consider aclaim that recites: “A memory controller comprising a system cache . . ..” Such a claim does not foreclose the memory controller from includingadditional components (e.g., a memory channel unit, a switch).

“Configured To.” Various units, circuits, or other components may bedescribed or claimed as “configured to” perform a task or tasks. In suchcontexts, “configured to” or “operable for” is used to connote structureby indicating that the mechanisms/units/circuits/components includestructure (e.g., circuitry and/or mechanisms) that performs the task ortasks during operation. As such, the mechanisms/unit/circuit/componentcan be said to be configured to (or be operable) for perform(ing) thetask even when the specified mechanisms/unit/circuit/component is notcurrently operational (e.g., is not on). Themechanisms/units/circuits/components used with the “configured to” or“operable for” language include hardware—for example, mechanisms,structures, electronics, circuits, memory storing program instructionsexecutable to implement the operation, etc. Reciting that amechanism/unit/circuit/component is “configured to” or “operable for”perform(ing) one or more tasks is expressly intended not to invoke 35U.S.C. sctn.112, sixth paragraph, for thatmechanism/unit/circuit/component. “Configured to” may also includeadapting a manufacturing process to fabricate devices or components thatare adapted to implement or perform one or more tasks.

“Based On.” As used herein, this term is used to describe one or morefactors that affect a determination. This term does not forecloseadditional factors that may affect a determination. That is, adetermination may be solely based on those factors or based, at least inpart, on those factors. Consider the phrase “determine A based on B.”While B may be a factor that affects the determination of A, such aphrase does not foreclose the determination of A from also being basedon C. In other instances, A may be determined based solely on B.

The terms “a”, “an” and “the” mean “one or more”, unless expresslyspecified otherwise.

Unless otherwise indicated, all numbers expressing conditions,concentrations, dimensions, and so forth used in the specification andclaims are to be understood as being modified in all instances by theterm “about.” Accordingly, unless indicated to the contrary, thenumerical parameters set forth in the following specification andattached claims are approximations that may vary depending at least upona specific analytical technique.

The term “comprising,” which is synonymous with “including,”“containing,” or “characterized by” is inclusive or open-ended and doesnot exclude additional, unrecited elements or method steps. “Comprising”is a term of art used in claim language which means that the named claimelements are essential, but other claim elements may be added and stillform a construct within the scope of the claim.

As used herein, the phase “consisting of” excludes any element, step, oringredient not specified in the claim. When the phrase “consists of” (orvariations thereof) appears in a clause of the body of a claim, ratherthan immediately following the preamble, it limits only the element setforth in that clause; other elements are not excluded from the claim asa whole. As used herein, the phase “consisting essentially of” and“consisting of” limits the scope of a claim to the specified elements ormethod steps, plus those that do not materially affect the basis andnovel characteristic(s) of the claimed subject matter (see Norian Corp.v Stryker Corp., 363 F.3d 1321, 1331-32, 70 USPQ2d 1508, Fed. Cir.2004). Moreover, for any claim of the present invention which claims anembodiment “consisting essentially of” or “consisting of” a certain setof elements of any herein described embodiment it shall be understood asobvious by those skilled in the art that the present invention alsocovers all possible varying scope variants of any describedembodiment(s) that are each exclusively (i.e., “consisting essentiallyof”) functional subsets or functional combination thereof such that eachof these plurality of exclusive varying scope variants each consistsessentially of any functional subset(s) and/or functional combination(s)of any set of elements of any described embodiment(s) to the exclusionof any others not set forth therein. That is, it is contemplated that itwill be obvious to those skilled how to create a multiplicity ofalternate embodiments of the present invention that simply consistingessentially of a certain functional combination of elements of anydescribed embodiment(s) to the exclusion of any others not set forththerein, and the invention thus covers all such exclusive embodiments asif they were each described herein.

With respect to the terms “comprising,” “consisting of,” and “consistingessentially of” where one of these three terms is used herein, thepresently disclosed and claimed subject matter may include the use ofeither of the other two terms. Thus in some embodiments not otherwiseexplicitly recited, any instance of “comprising” may be replaced by“consisting of” or, alternatively, by “consisting essentially of”, andthus, for the purposes of claim support and construction for “consistingof” format claims, such replacements operate to create yet otheralternative embodiments “consisting essentially of” only the elementsrecited in the original “comprising” embodiment to the exclusion of allother elements.

Devices or system modules that are in at least general communicationwith each other need not be in continuous communication with each other,unless expressly specified otherwise. In addition, devices or systemmodules that are in at least general communication with each other maycommunicate directly or indirectly through one or more intermediaries.

A description of an embodiment with several components in communicationwith each other does not imply that all such components are required. Onthe contrary a variety of optional components are described toillustrate the wide variety of possible embodiments of the presentinvention.

As is well known to those skilled in the art many careful considerationsand compromises typically must be made when designing for the optimalmanufacture of a commercial implementation any system, and inparticular, the embodiments of the present invention. A commercialimplementation in accordance with the spirit and teachings of thepresent invention may configured according to the needs of theparticular application, whereby any aspect(s), feature(s), function(s),result(s), component(s), approach(es), or step(s) of the teachingsrelated to any described embodiment of the present invention may besuitably omitted, included, adapted, mixed and matched, or improvedand/or optimized by those skilled in the art, using their average skillsand known techniques, to achieve the desired implementation thataddresses the needs of the particular application.

It is to be understood that any exact measurements/dimensions orparticular construction materials indicated herein are solely providedas examples of suitable configurations and are not intended to belimiting in any way. Depending on the needs of the particularapplication, those skilled in the art will readily recognize, in lightof the following teachings, a multiplicity of suitable alternativeimplementation details.

One embodiment of the present invention may provide a shoe insertcomprising one or more different materials of specific densitiesarranged to provide support and comfort to specific areas of the foot.Some embodiments may be configured for use in stylish women's shoes suchas, but not limited to, high heeled shoes. Some embodiments may comprisean insert utilized underneath the foot for as well as an upper cushionsystem along the inner surfaces of the shoe, such as, but not limitedto, behind the heel, along each side of the foot, and above the toes asthese are the areas that frequently deal with friction or pressure thatmay result in blisters, pain, or other issues. In some embodiments theinsert may be created from a cut-out or injection molded design that islayered and/or folded in a specific manner to fit within a shoe tocreate a specific pattern of support areas. In other embodiments, theinsert may be skived down from a single piece of foam. Some embodimentsmay be able to be custom fit to an individual's foot or feet.

FIG. 1 is a diagrammatic top view of an exemplary pattern piece 101 foran upper cushion system, in accordance with an embodiment of the presentinvention. In the present embodiment, the upper cushion system maycomprise multiple strips of a cushioning material such as, but notlimited to, high-density, open-cell foam or closed cell foam (example:EVA (Ethylene-vinyl Acetate), Latex or other rubbers, gel material,moleskin, or plush fabrics that may be placed in specific areas of ashoe to softly surround various parts of the foot. For example, withoutlimitation, a toe strip 105 may be placed around the front portion ofthe opening of the shoe to cushion the tops of the toes andsubstantially inhibit blisters and friction between the foot and theshoe. Toe strip 105 may also help to push back the foot of a user whencoming forward onto the toes to give more stability in the shoe. A sidestrip 110 may be placed on the side of the shoe to help hold the shoe inplace on the foot and also to provide room for the foot to expand if thefoot swells during day. Pattern piece 101 is shown with one side strip110; however, some embodiments may be implemented with two or more sidestrips to be placed on one or both sides of the shoe. In the presentembodiment, two heel strips 115 may be placed at the back of the heel tosubstantially inhibit blisters, gapping between the foot and the back ofthe shoe, and friction. Those skilled in the art will readily recognize,in light of and in accordance with the teachings of the presentinvention, that alternate embodiments may comprise various differentconfigurations of strips to form the cushion system. For example,without limitation, some embodiments may comprise only one heel strip ormultiple toe strips, and other embodiments may be implemented withoutside strips. The upper cushion system may be connected to the shoe usingvarious different means. For example, without limitation, in someembodiments, the upper cushion system may be attached to a backer thatmay be folded into a three dimensional structure in to fit appropriatelyin the shoe. This backer may comprise an adhesive to hold the uppercushion system in place in the shoe. Alternately, each strip of thecushion system may be attached to the shoe separately with adhesive. Inother embodiments the cushion system may be embedded into the upperportion of the shoe.

FIGS. 2A, 2B, and 2C illustrate an exemplary shoe insert 201 comprisingone or more materials of different densities arranged to provide supportand comfort to specific areas of the foot, in accordance with anembodiment of the present invention. FIG. 2A is a diagrammatic top view.FIG. 2B is a side perspective view, and FIG. 2C is a diagrammatic topview of insert 201 in place in a shoe 205. In the present embodiment,the different colors shown illustrate various materials of differentdensities that may form different support regions for the foot. Forexample, without limitation, the material may be scooped out under theheel to provide a heel cup 210 comprising rings of materials ofdiffering densities to typically provide balance, support, comfort, andstability. In addition, insert 201 may comprise a disc shaped area 215of a soft density material behind the big toe which may enable the firstmetatarsal to be lifted as this area may be a common source of pain formany individuals. The material may be skived off or injection moldednear a fifth metatarsal portion 220 to help ease pain in this area.Material may be layered on each side of insert 201 to form a lateralarch support 225 and a medial arch support 230. Medial arch support 230may be raised more than lateral arch support 225 to help provide archsupport and control pronation and supination of the foot. Additionally,insert 201 may comprise a raised portion 235 under the ball of the footwhich may help cushion the impact of walking. In the drawings thedensities of the various materials are indicated by the color whereinblue is the densest material at approximately 15 to 25 lbs. per cubicfoot, red is the least dense material at approximately 5 to 15 lbs. percubic foot, and the density of the pink material falls in between theblue and the red at approximately 10 to 20 lbs. per cubic foot. In thepresent embodiment, these materials may be open cell or closed cellurethane foam, such as, but not limited to Poron® urethane foam. Howeverother embodiments may utilize virtually any microcellular urethanes orother comparable materials including, without limitation, other types offoam (example: EVA (Ethylene-vinyl Acetate), Latex or other rubbers, gelmaterials, various plastics, leather, cork, or a combination of suchmaterials. Moreover, the specific densities disclosed represent oneparticular embodiment and those skilled in the art will recognize, inlight of and in accordance with the teachings of the present invention,that that a number of other densities may be utilized. For example,without limitation, some embodiments may comprise materials withdensities between 5 lb/ft³ and 25 lb/ft³, specific gravity between 0.14and 0.40; Shore “0” Scores of 10 durometer up to 32 durometer; andResilience ASTM D 2632 vertical rebound tests of 4 up to 45. However itis contemplated that across many embodiments the relationship betweenthe densities within the support design will remain fairly consistent asit applies to the areas with the densest material, least dense material,and medium density material. It is further contemplated that someembodiments may utilize more or fewer materials of different densities.For example, without limitation, the embodiment illustrated in FIGS. 6A,6B, and 6C comprises two materials of different densities rather thanthree materials.

Those skilled in the art will readily recognize, in light of and inaccordance with the teachings of the present invention, that variousdifferent methods may be used to produce insert 201 and other suchembodiments. For example, without limitation, a layering of differentcutouts of the various density materials may be utilized, as illustratedby way of example, in FIGS. 5A through 5E. Additionally, a pattern cutout method may be utilized whereby the materials may be combined into asingle cut out piece that is folded and arranged in such a way as tocreate the final design of the insert. The insert may also be skiveddown from a single piece of material or multiple pieces of material.Furthermore, the insert may be formed by an injection molding method.Combinations of such methods may also be utilized. In some embodiments,pieces of the insert or the entire surface of the insert may be coveredwith a fabric or other such thin material to visually hide the insertmaterial and/or to provide a different surface texture. In manyembodiments wherein the insert material is visible, the layout of thedifferent types of material may be deliberately consistent with theoverall aesthetic design of the shoe.

Referring to FIG. 2C, in typical use of the present embodiment, insert201 may be placed inside a shoe 205 against the existing insole. Insert201 may be sized and shaped appropriately to fit snuggly within shoe205. In some embodiments the back surface of the insert may comprise anadhesive layer or non-slip surface to further secure the insert inplace. It is believed that insert 201 may provide support and comfort tovarious areas of the foot, many of which are not typically supported ina stylish shoe or by currently available aftermarket inserts. Bycomprising different layers and areas of material thickness and/ordensity, insert 201 may typically provide a substantially high level ofcushioning and support. An upper cushion system 240 may optionally beinstalled within shoe 205 to provide additional support and cushioningto various areas of the foot. It is contemplated that in someembodiments, inserts may be custom fit and that some inserts may bespecifically designed for the right foot and the left foot individually.Some embodiments may also be available in numerous different widths andsizes.

FIG. 3 is a diagrammatic top view of an exemplary shoe insert comprisingone or more materials of different densities, in accordance with anembodiment of the present invention. An approximate breakdown of thedifferent density areas of the material for one embodiment is shown. Inthis drawing D1 refers to the lowest density material of up to 15lb/ft′, D2 refers to the medium density material of up to 20 lb/ft³, andD3 refers to the highest density material up to 25 lb/ft³. The ratio ofthe different densities in the different zones of the insert may remainapproximately consistent across many embodiments, and the density valuesrelative to each other within the layout and design of the insert aretypically tied together in many embodiments. That is a lower densitymaterial may be softer as compared to a higher density material, and therange between the densities may be roughly consistent with thisdisclosure. In other words, the value of the density of D1 is apercentage value of D2, and likewise for D3. As previously described,some embodiments may use materials with the following properties:densities between 5 lb/ft′ and 25 lb/ft′, specific gravities between0.14 and 0.40; Shore “0” Score of 10 durometer up to 32 durometer; andResilience ASTM D 2632 vertical rebound tests of 4 up to 45. By doing sothe support for each part of the foot may be maintained while theoverall hardness or softness of the insert can be customized oradjusted, normally without causing overly hard spots, unevenness, or thesensation of lumps within the insert. As previously mentioned, otherembodiments may provide an insert with only one or two materials ofdifferent densities, and yet other embodiments may comprise more thanthree materials of different densities.

FIG. 4 is a perspective side view of an exemplary shoe insert comprisingone or more materials of different densities, in accordance with anembodiment of the present invention. The drawing illustrates some of thevarious functional areas of the specialized insert. For example, withoutlimitation, a base layer 3 of the highest density material surrounded byrings 10 and 11 of lower density materials near the back of the insertmay form a heel cup that may substantially inhibit slipping as well asprovide cushioning for downward momentum of a user's weight. Whenwearing high heels the weight of the user typically falls on the ball ofthe foot, and, when walking, a force of 2.5 times the weight of the usermay impact the ball of the foot. Thus, the insert may provide forspecialized support in this region by way of an area of stepped layeredmaterial under the ball of the foot formed by base layer 3 topped by alarger heart shaped portion 2 of the lowest density material and asmaller heart shaped portion 1 of the lowest density material. Heartshape portions 1 and 2 may typically provide support for the third andfourth metatarsals of the foot. A ridge may be located between heartshaped portions 1 and 2. The insert may also comprise a circle 5 of thelowest density material placed directly under the Sesamoid bone of thebig toe. Circle 5 may be placed on top of a layer 4 of the mediumdensity material and base layer 3 of the highest density material tohelp protect the Sesamoid bone from the forces placed on this bone whenwalking. A medial arch support region 8 may be comprised of the lowestdensity material on top of a layer 7 of the medium density material. Alateral arch support region 12 made of the lowest density material mayalso be provided, which is not common in currently available inserts forshoes. Overall dual-layer support for the foot may be provided by amedial layer 14 of the lowest density material on top of base layer 3.It is believed that the various layers of different support regions mayprovide support for the foot in a manner not previously accomplished ina stylish high heel shoe to give the high heel wearer comfort that mayenable the high heel to be worn all day long.

FIGS. 5A, 5B, 5C, 5D, and 5E illustrate exemplary layers of material ofdifferent densities that may be layered together to form a shoe insert,in accordance with an embodiment of the present invention. FIG. 5A is adiagrammatic top view of a base layer. FIG. 5B is a diagrammatic topview of a second layer. FIG. 5C is a diagrammatic top view of a mediallayer. FIG. 5D is a multi-piece layer forming the highly cushioned areasof support under the ball and arches of the foot, and FIG. 5E is anadditional layer of cushioning for the medial arch region. In thepresent embodiment, the insert may be formed by the composite structurecomprised of these various layers and folded into a three dimensionalstructure shown and described by way of example in the foregoing. Inother embodiments, the insert may be skived down or injection moldedfrom one full piece of material.

FIGS. 6A, 6B, and 6C illustrate an exemplary shoe insert 601 comprisingone or more materials of different densities arranged to provide supportand comfort to specific areas of the foot, in accordance with anembodiment of the present invention. FIG. 6A is a diagrammatic top view.FIG. 6B is a side perspective view, and FIG. 6C is a diagrammatic topview of insert 601 in place in a shoe 605. In the present embodiment,insert 601 is similar in structure to insert 201 illustrated by way ofexample in FIGS. 2A through 2C; however insert 601 comprises twomaterials of different densities rather than three materials ofdifferent densities. Insert 601 comprises a base layer 610 and a secondlayer 615 both made of a higher density material while the upper layersincluding a medial layer 620, arch supports 625, and ball supports 630may be made of a lower density material. In other embodiments comprisingtwo materials, the base layer may be of a higher density while all ofthe medial and upper layers are of a lower density. Referring to FIG.6C, optionally, an upper cushion system 635 may be used in conjunctionwith insert 601.

FIGS. 7A and 7B illustrate an exemplary shoe insert 701 comprising oneor more materials of different densities arranged to provide support andcomfort to specific areas of the foot, in accordance with an embodimentof the present invention. FIG. 7A is a diagrammatic top view of insert701, and FIG. 7B is a partially transparent, perspective side view ofinsert 701 in place in a high heel shoe 705. In the present embodiment,insert 701 may comprise various areas of support and cushioning similarto those described in the foregoing including, without limitation, aSesamoid bone support 710, a ball of the foot support 715, a medial archsupport 720, a lateral arch support 725, a heel cup 730, and an overalldual-layer support 735. Referring to FIG. 7B, it can be seen how insert701 may fit snuggly into shoe 705 and where the specific support areasare positioned within shoe 705.

FIGS. 8A and 8B illustrate an exemplary high heel shoe 801 comprisingvarious comfort and support modifications, in accordance with anembodiment of the present invention. FIG. 8A is an exploded, perspectiveside view of shoe 801, an insert 805 comprising one or more materials ofdifferent densities arranged to provide support and comfort to specificareas of the foot, and an upper cushion system 810, and FIG. 8B is apartially transparent, perspective side view of high heel shoe 801. Inthe present embodiment, insert 805 may comprise various areas of supportand cushioning similar to those described in the foregoing including,without limitation a cushioned heel cup 815 for support and stability,cushioning 820 under the ball of the foot, and arch supports 825. Inaddition upper cushion system 810 may comprise strips of high-density,open-cell or closed cell foam embedded into the upper part of shoe 801to softly surround various parts of the top of the foot. In somealternate embodiments a multiplicity of suitable other materials may beused for the upper cushion system such as, but not limited to, gelmaterial, moleskin, or cork. In the present embodiment, since uppercushion system 810 is typically embedded into the upper layer of shoe801, it is possible that upper cushion system 810 may be visible throughthe outside upper layer of shoe 801, particularly if this outside upperlayer is made of a thin and/or flexible material. Therefore, someembodiments may comprise a thin exoskeleton that is hidden between theoutside upper layer of shoe 801 and the inside upper layer of shoe 801to substantially inhibit upper cushion system 810 from being visiblefrom the outside of shoe 801. It is contemplated that this exoskeletonmay be made from a multiplicity of suitable materials including, withoutlimitation, thermo-plastic materials, other types of plastic,fiberglass, rubber, or metal. Two heel strips 830 of upper cushionsystem 810 may be embedded into the heel portion of the upper part ofshoe 801 to cover the potentially hard edge of the heel counter of shoe801 and substantially inhibit the exoskeleton from rubbing into thefoot. Shoe 801 may comprise additional comfort modifications such as,but not limited to, a deeper toe area 835 for less tightness around toesand a rubber outsole 840 for flexibility and shock absorption.Furthermore, multiple widths may be offered per size for a better fit.Reinforced toe and heel tips 845 may allow for longer wear.

FIG. 9 is an exploded, perspective side view of an exemplary high heelshoe 901 with comfort modifications, an insert 905 comprising one ormore materials of different densities arranged to provide support andcomfort to specific areas of the foot, and an upper cushion system 910,in accordance with an embodiment of the present invention. In thepresent embodiment, insert 905 may comprise various areas of support andcushioning similar to those described in the foregoing including,without limitation a cushioned heel cup 915 for support and stability,cushioning 920 under the ball of the foot and big toe, medial andlateral arch supports 925, and overall dual layered support 930. Inaddition upper cushion system 910 may comprise strips of cushioningmaterial embedded into the upper part of shoe 901 to softly surroundvarious parts of the top of the foot. Some embodiments may beimplemented with an exoskeleton between the outside upper layer of shoe901 and upper cushion system 910 to substantially inhibit upper cushionsystem 910 from being visible from the outside of shoe 901. Shoe 901 mayalso comprise a deeper toe area 935, and may be available in multiplewidths per size.

FIGS. 10A, 10B, and 10C illustrate an exemplary shoe insert 1001comprising one or more materials of different densities arranged toprovide support and comfort to specific areas of the foot, in accordancewith an embodiment of the present invention. FIG. 10A is a diagrammaticside view of insert 1001. FIG. 10B is an exploded, perspective side viewof insert 1001 to be placed within a high heel shoe 1005, and FIG. 10Cis a partially transparent, perspective side view of insert 1001 inplace in high heel shoe 1005. In the present embodiment, extracushioning 1010 may be added to insert 1001 if desired. Approximatelysix additional millimeters of the densest material may be added to thearea of insert 1001 under the ball of the foot. The additional thicknessmay be achieved with one thick layer of the material or multiple thinnerlayers of the material. Extra cushioning 1010 may be skived toward thetoe and heel of shoe 1005 to minimize the volume taken up by extracushioning 1010. Shoe 1005 may be modified by removing a similarly sizedand shaped portion from the last of shoe 1005 to help preserve the fitof shoe 1005.

One or more embodiments of the present invention may be implemented as afootwear system comprising a specialized insert and upper support areasarranged at specific positions in the shoe. Such systems may providecushioning and support to a wearer's foot. It is contemplated that thespecialized insert may be removable or permanently secured to the insideof the shoe. In some embodiments the upper support areas such as, butnot limited to, those around the upper heel area or above the toes maybe permanent as well as covered with a thin material to provide acertain texture and or visual aesthetic to the shoe. In some embodimentsthe footwear system may be implemented without upper support areas.

FIGS. 11A and 11B illustrate an exemplary footwear system comprising ashoe 1101 and a specialized insert 1105, in accordance with anembodiment of the present invention. FIG. 11A is a diagrammatic top viewof insert 1105, and FIG. 11B is a partially transparent, perspectiveside view of the footwear system. In the present embodiment, insert 1105may be implemented as an insert for a stylish women's shoe such as, butnot limited to a high heel shoe 1101. Insert 1105 may comprise one ormore materials of different densities arranged to provide specific areasof support and comfort to the foot including, without limitation, aSesamoid bone support 1110, a ball of the foot support 1115, a medialarch support 1120, a lateral arch support 1125, a heel cup 1130, and anoverall dual-layer support 1135. It is believed that some of these areasof support and cushioning are not typically found in currently availablestylish shoes or aftermarket inserts. Insert 1105 may be offered as aremovable insert or may be permanently secured to the inside of shoe1101.

In the present embodiment, insert 1105 may be made of open cell orclosed cell urethane foam. However other embodiments may utilizevirtually any microcellular urethanes or other comparable materials suchas, but not limited to, other types of foam, gel materials, silicone,various plastics, leather, cork, or a combination of such materials aswill be recognized by those skilled in the art in light of and inaccordance with the teachings of the present invention. Insert 1105 maybe created from a cut-out or injection molded design that may be foldedin a specific manner to create the desired shape and specific pattern ofsupport areas. In some embodiments the insert may be skived down from asingle piece of material. By working with different layers of materialthickness and/or density, insert 1105 may be able to providesubstantially enhanced cushioning and support for the foot. In thepresent embodiment, three materials of different densities may be usedwith densest material having a density of between 15 lb/ft³ and 25lb/ft³, the least dense material having a density between 5 lb/ft³ and15 lb/ft³, and the medium density material having a density between 10lb/ft³ and 20 lb/ft³. The specific densities disclosed represent oneparticular embodiment and those skilled in the art will recognize, inlight of and in accordance with the teachings of the present invention,that a number of other densities may be utilized in other embodiments.Although, it is contemplated that across most embodiments, therelationship between the densities within the support design may remainfairly consistent as it applies to the areas with the densest material,least dense material, and medium density material. In some embodimentsthe insert may comprise materials of one or two different densitiesrather than three, and other embodiments may comprise more than threematerials of different densities. Because of the process utilized toform the present embodiment, inserts 1105 may be custom fit to anindividual's feet with a separate insert specifically designed for theright foot and the left foot. In other applications, inserts 1105 may bemade in a range of standard dimensions with numerous different widthsand sizes available. In the present embodiment, insert 1105 may comprisea unique look and layering that may create a stylish and pleasingaesthetic design as well as a functional support system. In someembodiments, pieces of insert 1105 or the entire insert 1105 may becovered with a material to visually hide the insert material and/or toprovide a different surface texture such as, but not limited to, a thinfabric or leather. In many embodiments whereby the material of insert1105 is visible, the layout of the different types of material may bedeliberately consistent with the overall aesthetic design of shoe 1101.

In the present embodiment, various areas of cushioning and support maybe provided by insert 1105 and may provide the following functions. Heelcup 1130 may serve to substantially inhibit slipping as well as providecushioning for downward momentum of a user's weight. Heel cup 1130 mayalso provide stability to a wearer to substantially inhibit “wobbling”as they walk. For most individuals wearing high heels, the user's weighttypically falls on the ball of the foot. Therefore insert 1105 mayprovide specialized support in this region by way of ball of the footsupport 1115 and Sesamoid bone support 1110. The heart shaped portion ofball of the foot support 1115 may provide support for the third andfourth metatarsals and may comprise material of the softest density.Medial arch support 1120 may comprise a soft density material. Lateralarch support 1125 may also be provided, which is not common withcurrently available shoes and inserts. It is contemplated that thevarious layers of different support regions of differing densitiesoffered by the footwear system of the present embodiment may providesupport for the foot in a manner not previously accomplished in astylish high heel shoe.

FIGS. 12A and 12B illustrate an exemplary footwear system comprising ashoe 1201, a specialized insert 1205, and upper support areas 1210arranged at specific positions in shoe 1201, in accordance with anembodiment of the present invention. FIG. 12A is an exploded,perspective side view of the footwear system, and FIG. 12B is apartially transparent, perspective side view of the footwear system. Inthe present embodiment, the footwear system may comprise threecomponents. The first is shoe 1201, which may be a high-heeled shoe. Thesecond is specialized insert 1205 comprising one or more materials ofdifferent densities arranged to provide support and comfort to specificareas of the foot similar to insert 1105 shown by way of example inFIGS. 11A and 11B. The third is upper support areas 1210, which maycomprise a back heel portion 1215, lateral and medial side portions1220, and an upper toe area 1225. Those skilled in the art will readilyrecognize, in light of and in accordance with the teachings of thepresent invention, that some embodiments may comprise upper supportareas in additional or alternate areas of the shoe such as, but notlimited to, near the tips of the toes, and other embodiments maycomprise fewer upper support areas. For example, without limitation,some embodiments may be implemented without upper support areas in theside portions of the shoe, and other embodiments may comprise uppersupport areas only in the heel portion. In the present embodiment,similar materials may be utilized both for insert 1205 and upper supportareas 1210, which may include, without limitation, virtually anymicrocellular urethanes, other types of foam, gel materials, silicone,various plastics, leather, cork, or a combination of such materials.Upper support areas 1210 may be made of a material of a softer densityplaced between the sock-lining and the outer layer of shoe 1201 to helpprovide comfort around the foot within shoe 1201. Upper support areas1210 may typically be placed along the inner surfaces of shoe 1201, suchas, but not limited to, behind the heel, along each side of the foot,and above the toes as these may be areas that deal with a substantialamount of friction or pressure that can create blisters, pain, or otherissues. In the present embodiment, upper support areas 1210 may becovered with a thin material such as, but not limited to, fabric orleather to provide a certain texture to the inside surface of shoe 1201and/or hide the material of support areas 1210 to provide a certainaesthetic appearance consistent with the style of shoe 1201. A similarmaterial may be used to cover insert 1205 in some embodiments. Uppersupport areas 1210 may be permanently attached to shoe 1201 in thepresent embodiment. In some alternate embodiments the upper supportareas may be removable and secured to the shoe with attachment meanssuch as, but not limited to, with hook and loop material, snaps, oradhesives.

In the present embodiment, insert 1205 may comprise various areas ofsupport and cushioning including, without limitation a cushioned heelcup 1230 for support and stability, cushioning 1235 under the ball ofthe foot, and arch supports 1240. Insert 1205 may be permanently securedwithin shoe 1201 or may be implemented as a removable insert. In thepresent embodiment, since upper support areas 1210 are typicallyembedded into the interior of shoe 1201, it may be possible that uppersupport areas 1210 may be visible through the outside upper layer ofshoe 1201, particularly if this outside upper layer is made of a thinand/or flexible material. Therefore, some embodiments may comprise athin exoskeleton that is hidden between the outside upper layer of shoe1201 and upper support areas 1210 to substantially inhibit upper supportareas 1210 from being visible from the outside of shoe 1201. It iscontemplated that this exoskeleton may be made from a multiplicity ofsuitable materials including, without limitation, thermo-plasticmaterials, other types of plastic, fiberglass, rubber, or metal. Shoe1201 may comprise additional comfort modifications such as, but notlimited to, a deeper toe area 1245 for less tightness around toes and arubber outsole 1250 for flexibility and shock absorption. Furthermore,multiple widths may be offered per size for a better fit. Reinforced toeand heel tips 1255 may allow for longer wear.

FIG. 13 is an exploded, perspective side view of an exemplary footwearsystem comprising a shoe 1301, a specialized insert 1305, and uppersupport areas 1310 arranged at specific positions in shoe 1301, inaccordance with an embodiment of the present invention. In the presentembodiment, insert 1305 may comprise various areas of support andcushioning similar to those described in the foregoing including,without limitation a cushioned heel cup 1315 for support and stability,cushioning 1320 under the ball of the foot and big toe, medial andlateral arch supports 1325, and overall dual layered support 1330. Inaddition upper cushion system 1310 may comprise strips of cushioningmaterial embedded into the upper part of shoe 1301 to softly surroundvarious parts of the top of the foot including, without limitation,above the toe area and in the upper heel area around the foot. Someembodiments may be implemented with an exoskeleton between the outsideupper layer of shoe 1301 and upper support areas 1310 to substantiallyinhibit upper support areas 1310 from being visible from the outside ofshoe 1301. Shoe 1301 may also comprise a deeper toe area 1335, and maybe available in multiple widths per size.

FIG. 14 is a diagrammatic top view of an exemplary pattern piece forcomfort modification pieces that may form upper support areas in a shoe,in accordance with an embodiment of the present invention. In thepresent embodiment, the pattern piece may be folded into a threedimensional structure in a specific manner to create the desiredcushioning design with the shoe. Support areas 1401 may be made oflayers of foam or a similar material and may be of a softer density toprovide comfort around the foot within the shoe. An exoskeleton 1405 maysubstantially inhibit support areas 1401 from being visible from theoutside of the shoe once the comfort modification pieces are put inplace between the sock-lining of the shoe and the support areas.

FIGS. 15A, 15B, and 15C illustrate an exemplary footwear systemcomprising a shoe 1501 and a specialized insert 1505, in accordance withan embodiment of the present invention. FIG. 15A is a diagrammatic sideview of insert 1501. FIG. 15B is an exploded, perspective side view ofthe footwear system, and FIG. 15C is a partially transparent,perspective side view of the footwear system. It is contemplated thatsome embodiments may allow for extra cushioning 1510 to be added toinsert 1501 if desired. In the present embodiment, approximately sixadditional millimeters of extra cushioning 1510 may be added to the areaof insert 1501 under the ball of the foot. The additional thickness maybe achieved with one thick layer of cushioning material or multiplethinner layers of the material. Extra cushioning 1510 may be skivedtoward the toe and heel of shoe 1501 to minimize the volume taken up byextra cushioning 1510 within shoe 1501. Shoe 1501 may be modified byremoving a similarly sized and shaped portion from the last of shoe 1501to help preserve the fit of shoe 1501.

Those skilled in the art will readily recognize, in light of and inaccordance with the teachings of the present invention, that footwearsystems in alternate embodiments may be implemented in a multiplicity ofsuitable configurations. For example, without limitation, someembodiments may comprise upper support areas without a specializedinsert. In other embodiments the specialized insert may be a partialinsole for cushioning primarily the ball of the foot. In suchembodiments additional heel support and arch support may be provided inthe upper support areas.

All the features disclosed in this specification, including anyaccompanying abstract and drawings, may be replaced by alternativefeatures serving the same, equivalent or similar purpose, unlessexpressly stated otherwise. Thus, unless expressly stated otherwise,each feature disclosed is one example only of a generic series ofequivalent or similar features.

It is noted that according to USA law 35 USC § 112 (1), all claims mustbe supported by sufficient disclosure in the present patentspecification, and any material known to those skilled in the art neednot be explicitly disclosed. However, 35 USC § 112 (6) requires thatstructures corresponding to functional limitations interpreted under 35USC § 112 (6) must be explicitly disclosed in the patent specification.Moreover, the USPTO's Examination policy of initially treating andsearching prior art under the broadest interpretation of a “mean for”claim limitation implies that the broadest initial search on 112(6)functional limitation would have to be conducted to support a legallyvalid Examination on that USPTO policy for broadest interpretation of“mean for” claims. Accordingly, the USPTO will have discovered amultiplicity of prior art documents including disclosure of specificstructures and elements which are suitable to act as correspondingstructures to satisfy all functional limitations in the below claimsthat are interpreted under 35 USC § 112 (6) when such correspondingstructures are not explicitly disclosed in the foregoing patentspecification. Therefore, for any invention element(s)/structure(s)corresponding to functional claim limitation(s), in the below claimsinterpreted under 35 USC § 112 (6), which is/are not explicitlydisclosed in the foregoing patent specification, yet do exist in thepatent and/or non-patent documents found during the course of USPTOsearching, Applicant(s) incorporate all such functionally correspondingstructures and related enabling material herein by reference for thepurpose of providing explicit structures that implement the functionalmeans claimed. Applicant(s) request(s) that fact finders during anyclaims construction proceedings and/or examination of patentallowability properly identify and incorporate only the portions of eachof these documents discovered during the broadest interpretation searchof 35 USC § 112 (6) limitation, which exist in at least one of thepatent and/or non-patent documents found during the course of normalUSPTO searching and or supplied to the USPTO during prosecution.Applicant(s) also incorporate by reference the bibliographic citationinformation to identify all such documents comprising functionallycorresponding structures and related enabling material as listed in anyPTO Form-892 or likewise any information disclosure statements (IDS)entered into the present patent application by the USPTO or Applicant(s)or any 3^(rd) parties. Applicant(s) also reserve its right to lateramend the present application to explicitly include citations to suchdocuments and/or explicitly include the functionally correspondingstructures which were incorporate by reference above.

Thus, for any invention element(s)/structure(s) corresponding tofunctional claim limitation(s), in the below claims, that areinterpreted under 35 USC § 112 (6), which is/are not explicitlydisclosed in the foregoing patent specification, Applicant(s) haveexplicitly prescribed which documents and material to include theotherwise missing disclosure, and have prescribed exactly which portionsof such patent and/or non-patent documents should be incorporated bysuch reference for the purpose of satisfying the disclosure requirementsof 35 USC § 112 (6). Applicant(s) note that all the identified documentsabove which are incorporated by reference to satisfy 35 USC § 112 (6)necessarily have a filing and/or publication date prior to that of theinstant application, and thus are valid prior documents to incorporatedby reference in the instant application.

Having fully described at least one embodiment of the present invention,other equivalent or alternative methods of implementing footwear systemthat may provide a shoe comprising a specialized insert and uppersupport areas arranged at specific positions in the shoe according tothe present invention will be apparent to those skilled in the art.Various aspects of the invention have been described above by way ofillustration, and the specific embodiments disclosed are not intended tolimit the invention to the particular forms disclosed. The particularimplementation of the footwear system may vary depending upon theparticular context or application. By way of example, and notlimitation, the footwear systems described in the foregoing wereprincipally directed to implementations to be used with high heel shoes;however, similar techniques may instead be applied to a multiplicity ofsuitable shoe types including, without limitation, platform shoes,boots, flats, and men's shoes, which implementations of the presentinvention are contemplated as within the scope of the present invention.The invention is thus to cover all modifications, equivalents, andalternatives falling within the spirit and scope of the followingclaims. It is to be further understood that not all of the disclosedembodiments in the foregoing specification will necessarily satisfy orachieve each of the objects, advantages, or improvements described inthe foregoing specification.

Claim elements and steps herein may have been numbered and/or letteredsolely as an aid in readability and understanding. Any such numberingand lettering in itself is not intended to and should not be taken toindicate the ordering of elements and/or steps in the claims.

The corresponding structures, materials, acts, and equivalents of allmeans or step plus function elements in the claims below are intended toinclude any structure, material, or act for performing the function incombination with other claimed elements as specifically claimed.

The corresponding structures, materials, acts, and equivalents of allmeans or step plus function elements in the claims below are intended toinclude any structure, material, or act for performing the function incombination with other claimed elements as specifically claimed. Thedescription of the present invention has been presented for purposes ofillustration and description, but is not intended to be exhaustive orlimited to the invention in the form disclosed. Many modifications andvariations will be apparent to those of ordinary skill in the artwithout departing from the scope and spirit of the invention. Theembodiment was chosen and described in order to best explain theprinciples of the invention and the practical application, and to enableothers of ordinary skill in the art to understand the invention forvarious embodiments with various modifications as are suited to theparticular use contemplated.

The Abstract is provided to comply with 37 C.F.R. Section 1.72(b)requiring an abstract that will allow the reader to ascertain the natureand gist of the technical disclosure. That is, the Abstract is providedmerely to introduce certain concepts and not to identify any key oressential features of the claimed subject matter. It is submitted withthe understanding that it will not be used to limit or interpret thescope or meaning of the claims.

The following claims are hereby incorporated into the detaileddescription, with each claim standing on its own as a separateembodiment.

What is claimed is:
 1. An apparatus comprising: Means for an insert thatcushions a shoe; Means for engaging said insert means with said shoe toprovide an aesthetically pleasing support to multiple areas of the foot;and, Means for providing auxiliary support areas in said insert means.